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Bombay High CourtCAF/3644/2014disposed off

State Of Maharashtra Through Hon'Ble District Collector (Raigad At Alibag) And ANR. v. Smt. Muktabai Savalaram Thakur And Others

2016-01-11Registrar (Judicial - I)2 pages

57 caf3644-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3644 OF 2014 IN FIRST APPEAL NO.1264 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.A.R.Patil, A.G.P. for the applicant Mr.A.S.Kulkarni i/b Mr.S.S.Punde for the respondent nos. 1 to 4, 6 and 7

CORAM

: K.K.TATED, J.

DATED : 11/01/2016 PC:

Heard the learned A.G.P. for the applicant and learned counsel for the respondent.

This application is preferred by State of Maharashtra for stay of the operation and implementation of the award dated 5.3.2011 passed by Civil Judge, Senior Division, Panvel,Dist. Raigad in L.A.R.No.205 of 2007.

Office note shows that the applicant has not complied the order dated 9.3.2015 passed by this court i.e. to deposit entire awarded amount. As the applicant failed to deposit awarded amount within stipulated time, as a last chance, 6 weeks Mohite 1/2

57 caf3644-14.doc time is granted to comply the same, failing which Civil Application shall stand dismissed without referring back to the court. Hence, following order is passed:

a) Six weeks time is granted from today to comply the earlier order dated 9.3.2015 i.e. to deposit decreetal amount in the Trial Court, failing which Civil Application shall stand dismissed without referring back to the court.

b) If amount is not deposited within stipulated time as stated hereinabove, the Respondent­ claimants are entitled to execute the award as per law.

c) The Reference Court is directed to invest the amount in a fixed deposit account of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till hearing and final disposal of the appeal. d) Liberty granted to the claimants to prefer an appropriate Application for withdrawal of amount, if they so desire, which will be decided on its own merits e) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2